Kaeo-Tomaselli v. Pi'ikoi Recovery House for Women et al

Filing 16

ORDER DENYING 14 MOTION FOR INJUNCTIVE RELIEF AND DISMISSING DEFENDANT T.J. MAHONEY AND ASSOCIATES. Signed by District JUDGE LESLIE E. KOBAYASHI on February 2, 2012. (bbb, )CERTIFICATE OF SERVICEParticipants regist ered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications, TJ Mahoney and Associates @ 524 Kaaahi Street, Honolulu HI 96817 were served by first class mail on the date of this docket entry. USM also served via NEF on 02/02/2012.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
DION’E KAEO-TOMASELLI,
#A5004463,

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Plaintiff,
vs.
EVALANI SOUZA; PI’IKOI
RECOVERY HOUSE, T.J. MAHONEY
AND ASSOCIATES,
Defendants.
____________________________

CIV. NO. 11-00670 LEK-BMK
ORDER DENYING INJUNCTIVE RELIEF
AND DISMISSING DEFENDANT T.J.
MAHONEY AND ASSOCIATES

ORDER DENYING MOTION FOR INJUNCTIVE RELIEF AND DISMISSING
DEFENDANT T.J. MAHONEY AND ASSOCIATES
On November 16, 2011, the court screened Plaintiff’s
prisoner civil rights Complaint pursuant to 28 U.S.C.
§ 1915(e)(2)(b) & 1915A(b)(1).

ECF #5.

The court dismissed

Defendants Pi’ikoi Recovery House for Women (“Pi’ikoi House”) and
Joe Chavez for Plaintiff’s failure to state a claim against them,
with leave granted to amend if possible.

See id., at 7-10.

On December 9, 2011, Plaintiff filed her First Amended
Complaint (“FAC”).

ECF #6.

In the FAC, Plaintiff abandoned her

claims against Chavez and Pi’ikoi House, realleged claims against
Evalani Souza, and raised new claims against T.J. Mahoney and
Associates (“TJ Mahoney’s”), based on the court’s dicta in
footnote 2, that “Pi’ikoi House is operated by TJ Mahoney &
Associates.”

ECF #5 at 2 n.2.

The court screened the FAC,

determined it stated a cognizable claim for relief, and directed
the U.S. Marshal to serve it on Plaintiff’s behalf.

ECF #7.

Plaintiff now notifies the court that the Women’s
Community Correctional Center’s (“WCCC”) Acting Warden, Milton
Kotsubo, has informed her that Pi’ikoi House is not affiliated
with TJ Mahoney’s.

See ECF #15 (correspondence dated 1/25/2012).

Plaintiff also moves for unspecified injunctive relief against
Kotsubo, for giving a copy of the summons naming TJ Mahoney’s to
Plaintiff’s drug counselors at the Hina Mauka drug rehabilitation
center.

See ECF #14.

Plaintiff does not explain what harm this

has caused her, or what relief she seeks.
For the following reasons, Defendant TJ Mahoney’s is
DISMISSED from this action and Plaintiff’s claim for injunctive
relief is DENIED.

Plaintiff’s claim against Evalani Souza

remains and shall proceed upon service of the FAC on Souza.
I.

Claims Against TJ Mahoney’s Are Dismissed
After reviewing Plaintiff’s claims in her letter and

motion, and conducting a more careful review of publicly
available information, it is clear that TJ Mahoney’s does not
operate Pi’ikoi House, notwithstanding the court’s contrary dicta
in the November 16 Order dismissing Plaintiff’s original
Complaint.

See http://reawakeningforwomen.org/.

As Warden

Kotsubo told Plaintiff, TJ Mahoney’s simply provides inmates with
a list of halfway homes, including Pi’ikoi House, to help them
find housing and thereby transition into the community.

TJ

Mahoney’s does not own, operate, or in any other manner claim

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responsibility for Pi’ikoi House or its employees.

The only

basis for Plaintiff’s claims against TJ Mahoney’s was premised on
the court’s incorrect information in its footnote.

Plaintiff

provides no other basis for holding TJ Mahoney’s responsible for
her allegations against Pi’ikoi House’s resident manager Evalani
Souza.

Plaintiff therefore fails to state a claim against T.J.

Mahoney’s and Associates and claims against them are DISMISSED.
See 28 U.S.C. § 1915(d)(2).
II.

Plaintiff’s Request for Injunctive Relief is Denied.
“A plaintiff seeking a preliminary injunction must

establish that [she] is likely to succeed on the merits, that
[she] is likely to suffer irreparable harm in the absence of
preliminary relief, that the balance of equities tips in [her]
favor, and that an injunction is in the public interest.”

Winter

v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); see
also New Motor Vehicle Bd. of Cal. v. Orrin W. Fox Co., 434 U.S.
1345, 1347 n.2 (1977) (A plaintiff “seeking a restraining order
must make a persuasive showing of irreparable harm and likelihood
of prevailing on the merits.”).

This formulation is not stated

in the disjunctive -- to obtain a preliminary injunction, a party
“must demonstrate that there exists a significant threat of
irreparable injury.”

See Am. Trucking Assocs. v. City of L.A.,

599 F.3d 1046, 1052 (9th Cir. 2009) (“[A]n injunction cannot
issue merely because it is possible that there will be an
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irreparable injury to the plaintiff; it must be likely that there
will be.” (citing Winter, 555 U.S. at 22)).
Plaintiff fails to explain what harm she has or may
suffer by Kotsubo’s actions.

This suit is a matter of public

record; Kotsubo’s revealing a copy of the summons to Plaintiff’s
drug counselors is not a breach of confidentiality or any other
apparent violation.

Plaintiff’s motion for injunctive relief is

DENIED.
III.

Conclusion
1. Defendant T.J. Mahoney and Associates is DISMISSED for

Plaintiff’s failure to state a claim.

Because amendment to this

claim is futile, this dismissal is with prejudice and without
leave to amend.

See Lopez v. Smith, 203 F.3d 1122, 1130 (9th

Cir. 2000).
2.

Service remains appropriate for Defendant

Evalani Souza.

It is Plaintiff’s responsibility to ensure that

Souza is served and to ascertain that the U.S. Marshal’s Service
has Souza’s address so that service can be perfected on Souza.
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3.

The Clerk shall send a copy of this Order to the U.S.

Marshal and to T.J. Mahoney and Associates at: 524 Kaaahi Street,
Honolulu, HI 96817.
IT IS SO ORDERED.
Honolulu, Hawaii, February 2, 2012.

/S/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

Kaeo-Tomaselli v. souza, et al., Civ. No. 11-00670 LEK-BMK, ORDER DENYING INJUNCTIVE
RELIEF AND DISMISSING DEFENDANT T.J. MAHONEY AND ASSOCIATES; psa/ Ords/2012/Tomaselli
11-670 LEK-BMK (dsm TJ Mahoney’s, dny inj)

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